N.V. Anjaria, J.

1. Rule. Learned Additional Public Prosecutor Mr. L.B. Dabhi waives service of Rule on behalf of the first respondent-State of Gujarat and learned advocate Mr. S.R. Sharma waives Rule for the second respondent.

2. What is prayed in this petition filed under Section 482 of the Code of Criminal Procedure, 1973 is for quashment of Criminal Case No. 5327 of 2012 before learned Additional Chief Judicial Magistrate, Palanpur, and the consequential process dated 12th October, 2012 issued by the learned Magistrate. They are the proceedings pursuant to a complaint filed under Section 138 of the Negotiable Instruments Act, 1882.

2.1 Whether the wife by virtue of her status as a wife of the payee of the cheque can be said to be "a holder in due course"; whether she can be a competent complainant to lodge complaint under Section 138 of the Negotiable Instruments Act, 1882; who can be said to be the "holder in due course"-are the questions arising for considerations.

3. The facts are few. The petitioner herein and one late Rajeshkumar Motibhai Thakkar are the brothers. The said Rajeshkumar happens to be the husband of respondent No. 2 herein. The two brothers took up a co